In the State of New York’s penal code, there are two offenses that relate to possessing ammunition feeding devices: 1) unlawfully possessing certain ammunition devices and 2) unlawfully possessing a large capacity ammunition feeding device. Having an ammunition feeding device with the capacity to handle seven or more rounds of ammunition meets the criteria of the first type of offense in this area, while having an ammunition feeding device with the capacity to handle more than ten rounds meets the criteria of the second type of offense in this area, violating New York Penal Code § 265.36.

Hypothetical Case

Suppose that a woman complained to police officers that her boyfriend threatened her on several occasions with what she reported to be illegally obtained firearms that he kept in their apartment. The woman allowed them into her apartment to search for the weapons. They also found a magazine that had the capacity to handle twelve rounds of ammunition. The police officers arrested the boyfriend for having in his possession a large capacity ammunition feeding device.

Possible Defenses

Lack of probable cause. In New York state, probable cause must be present in order to perform a legal search of a person’s person, residence, home, car, office, or other property. Probable cause may be conferred when law enforcement officers have a reason to believe that a crime was committed. If probable cause was not present, materials and property found during the search is not admissible evidence because they were not obtained under the premise that probable cause was present. If police officers obtained the magazine in the scenario above without probable cause, they will not be able to produce the magazine as evidence.

Other lines of defense. Extensively experienced defense attorneys who have dealt with a variety of defense cases can draw on their previously used strategies to fight the charge and defend their clients.

Possible Sentence

Imprisonment. Possessing a large capacity feeding device unlawfully is a Class A misdemeanor that carries a sentence of up to one year in jail.

Probation. In lieu of imprisonment, the judge may decide that a sentence of up to three years of probation would be appropriate. The person convicted and sentenced to a term of probation must follow the orders of the court and report to their probation officer as mandated; however, if the convicted person does not follow the orders of the court the probation may be converted to a prison term instead.

To add, it is against the law for a person in the State of New York to knowingly have in their possession an ammunition feeding device of large capacity that was made before September 13, 1994, and it is against the law to possess any such device even if the person lawfully had possession of an ammunition feeding device of large capacity before 2013 when this section of the law was enacted, especially if the device can be easily be converted or restored to handle more than ten rounds of ammunition.

A person who has a large capacity ammunition feeding device and, after being notified or after learning through government information sources that such possession is illegal, turns the device into authorities within 30 days after notification will not be found guilty of this offense.

Attorney to Defend Against the Charge of Possessing a Large Capacity Ammunition Feeding Device Unlawfully

To effectively defend against a charge possessing a large capacity ammunition feeding device unlawfully, it is important that you obtain legal counsel from a qualified and experienced defense law firm with skilled staff to successfully protect your’ interests and rights.

The Elliott Adler PC attorney firm has aggressively defended persons charged with possessing a large capacity ammunition feeding device unlawfully, as well as other weapons and firearm violations, misdemeanors and felony crimes in the State of New York, including criminal possession of a firearm, criminal possession of a weapon and criminal sale of a firearm. The Elliot Adler PC law firm has a skilled and experienced team of reliable attorneys committed to providing effective advocacy in defense of their clients.